Trinity, 3d. James II.
Informat'on Zo««?bw, \*'\ *HAT William Goftwlck, late of Willington,
for confpir- To wit. y -^ in the county of Bedford, knight and baronet,
mg to beat ^^^ others, &c. being and each and <'very of them being per-
an woun ^^^^^ ^£ ^^jl name, fame and of wicked difpolitior, and devi-
a man, and _ , i-n- j- j lVi
for iliafpur ^'"g' ^"'^ m.alicioully intending, and among themlclves con-
frfe ffjniingfpiiing, compafTing and deviling one S. V. gent, by way-laying
forlimuT-to beat, wound and ill-treat, on the ill day of Sept. in the
<ier a "t,n-yggp^ ^^^ 3^^ ^^.^ jj^g fooner to fulfil, perfeft and bring to
com^To'a''^^^^ their molt v;icked intentions, compaffings and devices'
tavtrn and ^^orefaid, th- y the M,B. and J. R. by the direction and confent
way-laying cf the faid W. G. and others, and in profecution of their laid
liim, a id confpiratj, did fend under a feigned name for the faid S. V.
in his cem- ^^ ^ certain tavern, known by the name of the Green Dragon
ouiiv heat- t^^^''^> fituate iti lleet-ftreet, London, in the parifli of, 5:c.
in; and snd liim the faid S. V. then and there did way- lay ; and that
wounding the faid M. B. and others, &c. afterwards to \vit, on the day
^iin. and year, &c. with force and arms, <5i:c. at the parifh, &c. by
the procureme.nt and incitement of the laid VV. G. and G. C.
they the faid Ai. B. and other?, &c. then and there by way-lay-
icg, in and upon the faid S. V. in the peace of God and of
t'le fad lord the king, then and there being, with force and
arms, <5cc. did make an affauli and affray •, and him the faid S.
then and there, with force and arms, &c. moll grievoully and
dangeioully did beat, wound and ill-trent, io that of his life
it v.as greatly dclpaired ; and the faid coroner and attorney of
the r.:id lord the now kin<^, further gives the court here to un-
derilard and to be informed, that the faid S. V. of the beating,
wounding and ill- treating afoiefaid, from the day and year
aforelaid, until the day of the exhibition ot this information,
L , 180= at the * parifh, &c. did larguilh, and Janguilhing did live, and
was
Indi^lmcnt* for Affault« and Woundings.
V«s in great peril of his life, and that the faid W. G. and
others, &cc. other wrongs to him the faid S. V. then and there
with force and arms did, to the gre.U damage of the faid S. V.
and agaiaft the peace of the faid lord the no\A/ king, &c. 6:c.
The King againjX the Earl of Devonfhire.
, JEafter, 3d James II.
JI(f/^(//^y^,r,7 »-pHAT William Earl of Devonfliire, late oflnfoimation
To wit, y i the parilh of St. Martin in tho iieldf, in the [j^j^'^jj'^«^"g-
county of Middlefex, on the ^4th daj of April, in the 3^1?^^,"^.
year of the reign of our lord James the 2d, by the giace ofj^ tliekirig's
God of England, &c. Icing, defender of the faith, &.c, with palace, and
force and arms, &c. at the city of Weftminfler, in the countv^'^'^"''^'"?
of Middlefex, within the palace of the faid lord the kin^l^^^^j^Ym""'''
there, to wit, within the court of the faid lord the king, com-
monly called Whitehall, (the faid lord the king then and there
in his faid palace, in his royal perfon being, continuingand
abiding) one Thomas Colepeppar, efquire, in the peace of
God, and of the faid lord the now king, then and tliere being
did provoke and challenge to fight, with him the faid Willi.im
Earl of Devonfhire, with intention to kill and murder the
faid Thomas Colepeppar. And that the faid Wiiliam, Earl
of Devonfhire, afterwards to wit, on the laid day and year,
&c. aforefaid, at the city of Weltminfter aforefaid, in the faid
county of Middlefex, v.'ithin the faid palace of the raid lord
the king, to wit, within the faid court, commonly called
Whitehall, (the faid lord the king then and there in the faid
palace, in his royal perfon as aic^relaid, being, continuing and
abiding) with force and arms, &c. in and upcn the faid Tho-
mas Colepeppar, in the peace of God atirlol the faid lord the
now king, then and there in the faid palace being did uiake an
afTault, and him the laid Thomas Colepeppar then and there,
with force and arms, (Sec- malicioully did Itrikc, beat and ill-
treat, fo that of his life it was greatly dcfpaired, and other
wrongs to the faid Thomas Colepeppar, then and there, wiiK
force and arms, &c. did, to the groat damage of the faid Tho-
mas Colepeppar, to the manifeil contempt of the faid lord
the now king, and of his laws, and againft the peace of the
faid iofd the nc.v king, his crovrn a'ld digu'ty, &c.
And
Indi£lments for Affaults and Woundin^s.
pleads his ■^"'^ "°'^ to w'lt, On the Monday next after the morrow of
privilege as <^^c -A^^fcenfion of our Lord, in this iame term before the lord
a peer of the ting, at Weftminftcc, come as well Thomas Powis, knt.
th« realm, folicitor- general of the faid lord the now king, who for the
ber oAhe'^^'*^ ^^"^^ '^^ ^'"S ^" ^^'^^ behalf profecutes, in his proper per-
houfe of ^°"' ^s ^^^ ^^'"i William, Earl of Devonfhire in his proper
Lord?, to peribn, and the faid William, Earl of Devonfliire faith, that
the jurif- that he on the 19th day of May, in the ift year of the reign of
diflion of the lord the now king, and long before, and continually from
Km'^°s"'^'° thence hitherto afterv/ards, was an^ as yet is Earl of Devon-
Pench. ifihe, one of the nobles, lords and peers of this kingdom of
*P. 180.^"^^^"^' * ^^^ ^^^^ ^^ ^^^ prcfent parliament of the faid lord
â– ^ the now king, begun and held at Weitminfter, in the county of
Middlefex, on the faid 19th day of May, in the ift year of the
reign of the faid lord the now king aforcfaid, and there by fe-
veral prorogations continued until the 28th day of April, in
the 3d year of the reign of the faid lord the now king, and
then at Wellminfter aforefaid afl'embled, and from that day
further prorogued to the 2 2d day of November then next
coming, the faid Earl by the fummons of the faid lord the
now king, did come, attend and continue as one of the peers
of this kingdom; and the faid Earl further faith, that accord-
ing to the law and cuftom of parliament, ufed and approved
from the time whereof the memory of man is not to the con^
trary, all peers of this kingdom of England coming to the
parliament of the lord the king, by the lummons of the faid
king, by any court inferior to the faid court of parliament,
during the time of the 'fitting of fuch parliament, or within
the ufual time 0^ privilege of fuch parliament next before or
next after any prorogation of fuch parliament made, by reafbn
or pretence of any trefpafs, contempt, mifbehaviour, or other
caufe or matter whatfocver, (treafon, felony, or refufal to find
fecurity for good behaviour towards the faid lord the king, and
all his people only excepted) ought not nor have been ac-
cuflomed for the whole time aforefaid, to be arrefled, impri-
fcned, troubled or difquieted, or to any fuch trefpafs, contempt,
mifbehaviour, or other caufe or matter whatfoever (except as
aforefaid) be compelled to anfwer, and this he is ready to ve-
rify, wherefore, bccaufe the faid information was exhibited
againft him the faid Earl, within the ufual time of the privi-
lege of the faid parliament, to wit, within forty days next after
the iaft prorogation of this prefent parliament which are not
yet expired, the laid Earl prays judgment if the court here will
or oTight to hold cognizance of the faid plea, now within the
ufual time of the privilege of the faid parliament, &c.
Demurrer. And the faid Thomas Powis, knt. folicitor-general of the
f,iid lord the nov/ king, ^'ho for the faid lord the king in this
behalf
Indidmcnts for Affaults and Wouiidings,
behalf profccutes, for the faid lord the king faith, that the faij
plea by the faid William, Earl of Devonfhiie, in the manner
and form aforefaid above pleaded, and the matter in the fame
contained are not fufficicnt in law to preclude the court oi the
faid lord the king here from proceeding upon the faid informa-
tion, and this he is ready to verily as the court here fhall con-
fider, wherefore he prays judgment, and that the faid William
Earl of Devonlhire may further anfwer to the laid information,
&c.
And the faid William, Earl of Devonlhire faith, that the J'*'"^*"-
plea aforefaid, by him the faid William, Earl of Devonlhire,
in the manner and form aforefaid pleaded, and the matter in
the fame contained, are good and fufficient in law to preclude
the court of the faid lord the king here, from proceeding upon
the faid information, which plea and the matter in the fame
contained, the faid William, Earl of Devonftiire is ready to
verify and prove as the court here Ihall confuler, wherefore as
before, he prays judgment, if the court of the lord the king,
here, upon the faid information will any further proceed; and J^'^S'^-'a*-
thereupon all and lingular the premifTes being read and heard
becaufe that it fcems to the court here, that the faid plea of
the faid Earl of Devonfliire, in the manner and form aforefaid
above pleaded, and the matter * in the fame plea contained, *p
arc not fufficient in law to preclude the court of the faid lord * -^
the now king here, from proceeding upon the faid information,
therefore It is faid to the faid William, Earl of Devonlhire,
that he the faid William, Earl of Devonfnire do further anfwer '^^'"pon'lea*
to the faid information, oufleri
On the 15th of May 1689, tine Houfe of Lords ciechreJ, " That the
court cf King's-Bencb in s'ver-ruling the Earl cf DevoriJ.htre' s plea sf privi-
lege of Pcirliament, end forcing him to plead o'Ler in chiefs it be:m inilhi" the
â– ufualtime of pri-vilege, did thirehy commit a inanife/i breach ef privileee,
€ff," /0«/if Rapin's HiHory of England, vol. 13, page 245.
The Kmg againjl Colepeppar.
7he palace of the lordthi^ T^^^ remembered, that at the gene i^di^mant
king, at JVefiminJisr, rri{£> ral fellion to hear and determine againfrMr.
the county of Middlefex,\'3.\\ treafon?, mifprilions of treafon, Colepeppar,
to wit. ) murders, killings, bloodlheds, and ^' '''<^ ''sm-
other malicious ftrikings by reafon whereof blood Ihouldl" °"f *^^'*'
be dcd a-ainft the peace of the faid lord the king,So;js''
within by Yirtue of
Indictments for Afifaults and Woundings.
tTieftatnte within the hoiifhold of the faid lord the ting, held for
ofH. 8.) the faid lord the king, within the palacr cf the faid lord
f"''^^^"'*' the king, at Weftniinfter, in the county of Middlefex,
inl' an" ' *° ^^'' °'' ^^0"^^y t^^c 20th day of July, in the ift year
woundinf ^'^ ^^^ reign of our lord James, by the grace of God, of
the earl cf England, 6ic. king, defender of the faith, &:c. before James,
Dev nfhirt, dij]ie of Ormond, fteward of the houlhold of the faid lord the
W^-'hi ^r\ ^'"S> according to the form of the Itatute in fuch cafe made
was ihed ^"'^ provided, by the oath of Michael Arnt.dd, Richard Dalton,
&c. inferior officers of the houfhold of the faid lord the king,
whofe names are imolled in the rolls of the counting houfe of
the lord the king's houltiold, then and there Iworn and charg-
ed to enquire for the faid lord the kint;, according to the form
of the itatute in this behalf, witliin the laid palace, it is pre-
fenied as follows, to Vvit, the palace of the lord the king, at
Weflminiter, in the county of Middlefex:, to wit, the jurors for
the lord the king upon their oath preJent, that T. Colepep-
par, late of, 6:c. efquire, on the 9th day of July, in the ill
year of the reign of our lord James, by the grace of God, of
England, Sec. king, &c. with force and arms, &c. within the
palace of the faid lord the king at Weifminltei', in the county
of Middlefex, (the faid lord the king, then and there, in his
faid palace, in his royal perfon being, continuing and abiding)
in and upon the moft. noble William, earl of Di vonfhire, then
and within the faid palace being, did make an affault, and him
the faid William, carl of Devonfhire, then and within the
faid palace, malicioully did Itrike and wound, by reafon of
which the blood of the faid William, earl of Devonfhire,
then within the laid palace was fhed ; to the great damage of
the faid William, earl of Devonfhire, to the manifeft con-
tempt of the faid lord the now king, and of his laws, againlt
the peace of the faid lord the now king his crown and dignity,
and alfo againlt the form of the'ftatute in fuch cafe made and
provided, &c. &c.
Indl^mtiit^
indi^ments for forcible Entries, «c..
►>vvy«y5»$^:gJ<<K««<
IndiSiments for forcible Entries^ anch-p^ j^j,
Procejs thereon.
The King againft Hayton.
Surrey, "> T)E it remembered, thnt on the iftK day of tlie
To wit. j"-*^ inonth of July, in the 3^ih year of the reign p^^^^j p{-^
of our lord Charles the id, by the grace of God, of England, i.^rce up»n
&c. king, &c. one Peter Eftington of the parifh of Sc. Baitolphview •( a
Ald^ate, citizen and goldrmith of Lond(^n, o.n the hehalt ()fjart:ce of
Mofcs Winkworth, citizen and glover of London, complained '^ P^awC.
to me, William Pyers, efq. one ot the juftices of the laid lord
of the peace of the faid lord the king, into a certain mill with c. z. 8 H.
the appurtenances of the faid Mofcs Winkworth, at Wimble-^- <=. 9. 3:
ton Mills, in the pa;rilh of Wimbletcn, in the faid county of^' 'l"" "^'^
Siirrey,w'i(.h a llrong har.d did enter,and upeh the peaceable pol- •'"
feffion of the fiid M. W. thereof, with a ilrong hand into the
faid mill did enter, and with an armed power, as yet do hold,
and thereupon prayed that remedy fhould be given by me to
the faid iM. W. in that hehalt", which complaims and petitions
tcing heard, I the faid W. F. immediately in my ov/n perfon
approached to the faid mill, and in the raid mill I then found
the faid R. Hayton, and certain others, to wit, A. X. F. R.
and J.C. holding the faid mill, vvi:h force and arms, and with a
ftrong hand, and vviih an armed pov»cr to wit, with ftaves, and.
fwords, and bludgeons, and v/ifh (-ther arms, (/ffeniive and de-
fenfive, againll the form of the flatute in fuch cafe rr.ade aixt
provided, and thereupon I the faid W. P. then and there did
airtrt the laid R. H. A, R. F. B. and J.C. and have ci^'ifed
them to be brought to' the next gaol of ihe faid lord i>.f king,'
at tne borough of Southwark, in the faid county of Surrey, as
being convided of the faid withhold i-g by a Ofohg hand, b/
my view and record, there to remain until they fhall pay to'
the faid lord the king, the fines for their faid trelpafies. Given
at the bridge-houfe within the borough of Southwark, undef
my hand and feal, ihe da/ and year atorefaid firit written.
G z Thr
Indidlments for forcible Entries, Sec,
The King agahift. H^rmpfon.
, . rr- ' r-pH/\.T Dennis Hampfon, late of London, cfquirCs
for'aTrd" '^' ""- and cdiers, on the 14th day of June, in the
bleentr/on 23d year of the leign of our lord Charles the 2d, by the grace
*P. IQ2.^^ God, of England, &c. king, &c. with force and * arms, at
the tenant' t^« parifk of Taplowe aforefaid, in the faid county of Bucks,
for years, unlawfully, riotoully and rouloully did aiTomble and gather
themielves together, to diftinb the peace of the faid lord the
now king, and they fo as aforefaid, then and theie with force
and arms, &c. being riotoully and unlawfully affembled and
gathered together, into one meffuage and 400 acres of land,
Y/ith the appurtenances fituate, lying and being in the faid
parifti of Taplowe, in the faid county, and then bein^ in
the peaceable poffcfiion of one Richard King, the younger,
for a term of divers years then to come, with force and arms
aforefaid, riotoully, routoufly, unlawfully and unjuftly, and
with a ftrong hand did enter and make an entry, and him the
faid K. K. the younger, (his term aforefaid not then Dor as yet
being expired) thereout, then and there with force and arms,
liotouUy, routoufly, unlawfully and unjuftly, and with ftrong
hand dici expel, ejec^ and amove, and him the faid Richard
KinP' fo thereout expelled, ejetfled and amoved, from the faid
, 14th day of June, in the 23d year, &c. aforefaid, to the day
of the exhibition of this information, with force and arms,
&c. riotoully, routoufly, unlawfully and unjuftly, and with
â– fiionc hand thereout did hold and as yet do hold, to the great
dama'ge of the faid Richard King, and againll the peace of the
faid lord the now king his crown and dignity, &c. whereupon,-
&c.
The ' King againji Edwards and wife.
Inqulfuion J)e'i)onJ}}2re,\ T TERETQFORE to wit, on Thuriaay the iStfe
for a f - -po ^^it. j |~^ cjay of March, in the year of our Lord
tat^Tilli- ^^^4^' ^^ ^ certain inquifition for the keepers of the liberty of
'{"aid. ^ ' England, l>/ th€ Aulhority cfparliaiucoit, taken at the Goal-gar-
den,
ludidmcnts for forcible Entries, ^c.
i?cn, nigh to the city of Exeter, in the faid county, before John
Wilde, chief baron of the public Exchequer, Henry Wal-
dron, efquire, Henry Fry, clquire, and others their fellows
keepers of the peace, and juitices afii^ned to prclerve the
peace in the faid county, and alio to hear and determine divers
felonies, trefpaflcs, and other mildeeds in the faid county per-
petrated, by the oath of twelve jurors it is preJented, that
Koberc lidvvardj, late of Errin^^ton, in the faidcpnnty yeoiran,
and Catherine Edwards, the wife of the faid Robert, with
many others unknown^ to tlje number of three perfons arnitJ
and arrayed in a warlike manner, on the loih day of February,
in the 20th year of the reign of the -lord Charles, late king of
England, &c. with force and arms, (Sec. at Keeion, in the pa-
rilli of 'Errington aforefald, in the county aiorefaid, into one
meffiiage with the appurtenances, five acres of land, one acre
of meadow, five acres of paliure, with the appurtenances, in
the parilli of Errin^ton, in the county aforefaid, then beinc^
the freehold of one William Rogers, and then inthe tenure and
occupation of one Hugh Flailiam, unlawfully, and wilhfircnjj
hand did enter and die! make an entry, and him the laid \V.
Rogers with force and arms, &c. aforefaid, unlawfully, with
llrong hcnd, and without judgment, then and there did dif-
leize, and him the faid H. Fiaiham from his porfelfion thcreotj
then and there with force and arms aforefaid, and with ilio'ig
liand did expel and t']t6i, and him the faid W. R. fo thereof
dilTeized, and him the faid H. F. fo therefrom expelled anj
ejedled from the faid icth day of February, in the 20th year of
the ri^ign of the faid late king, &c. aforefiid, to the day of the
taking of this*infornialion,fiom the faid iricfmage and the other *l • I^S*
premill'es with the appurtenances, with force and arms afore-
faid, unlawfully and with ihong hand afoiefaid, did keep our,
and as yet do keep out, in contempt of the faid late king, and
•as well againft the peace of the laid lord the king, as againU
the public "peace, «&c. and alfo againft the form of the llntutc,
in fuch cafe made and provided, etc. Whereupon the iheriffy -
is commanded that he do not omit, &c. but that he caafe them,,y\y..j.
to come to anfvver, &c. And now to wit, on the Friday neraawaiJcd.
after the morrow of the Holy Trinity, in this f^me term.,
before the keepers of the libcrcy of England by the authority P'cn in ' .ir
of parliament, in the upper bench at WcAminficr, come the f J^efliij-
fiid R.Edwards, and Catherine Edwards hi* wile, by Peter"<^"-
Goffright their attorney, and having heard the indidtmcnt
aforei'aid, protefting that they the fiid Robert and Catherine, ProtsH-uija
into the faid mefTuage wiih the appurtenances, and into the five
acres of land, &ic. in ihe faid indiclincnt fpecificd, with fone
and arms, and wlili itrong hand did not enter, neverth'-lcfs iT^r
plea for the preventing and qualhing of a writ of rcltitution
againft them, upon that indi(5hnent-to be. adjudged, they the
fiiid R. and C. his v^ife, fay, that long before the faid day, in
Indictments for forcible Entries, &c.
•v/KicK the incliflment aforefaid, fo as aforefaid was found, one
-William Rogers, confin of the faid William Rogers in the in-
diftment a brer;! id above named, on the loth day of Auguft,
in the 8th year of the reign of the lord Charles, late king of
Engl.-ind, &:c. was feized ot and in the laid meffuage with the
' appurtenances, and of and in the faid five acres of land, one
acre ol meadow, five acres of palture.with the appurtenances in
Jiis dcmefne as of fee, and fo being feized thereof, to wit, on
the faid loth day of Auguft, in the 8th year, (Sec. aibrefaid,
at Keeton. in the parifh of Errington aforefaid, in the faid
county, did grant and to farm let, to the faid Robert and his
* aifigns, the faid tenements with the appurtenances, to have
from the time ot demife aforefaid, for the term of 99 years
from thence next following, if the faid Catherine, wife of the
faid Robert, and J. E iwards and T Edwaids, fons ot the faid
Robert or any of ihem ihould fo long happen to live, and by
virtue of v/hich demife, the faid Robert afterwards to wit, on
the faid loth day of Auguft, in the 8ih year, &c. aforefaid,
into the tenements with the appurtenances did enter, and was
and as yet is thereof polfeffed, and was in the quiet poffcifion
of the iaid tenements with the faid appurtenances, for the
fpace of three whole years together, next before the day in
which the indiclment aforefaid, was found as aforeiaid, his
term aforefaid not as yet being ended and determined, and this
the laid R. and C are ready to verity as the court, &c. Where-
npon tiiey p.-aj judiiment, and that reftitutiun according to the
form of the Itatute in fuch cafe made and provided, may be
akogrtiier quaihed in this behalf, with this that they the faid
R. and C. are ready to verify, that the faid J. and T. as yet
sftre aiive and in lull iife, to wit, at Keeton aforefaid, in the
yariih of Errington aforefaid, in the county atorefaid, &c.
jR-cplicaucn And the faid William Rogers and Hugh FlaQiam fay that
. j'i'c;teilai)(i3they by aoy tliin^'by the faid R. E. and C. his wite pleaded for
that the - ■■'■' ■■^ ■• • ' - •■'
^ ^°' the prevciuing and qualhing of the faid writ ot leltitution,
i^oz lei-Td ^g^'i"ft the'm the faid K. E and C. his wife, and each uf them
r.or made' upon the' indidfment atorefaid to be adjudged, ought not to
thi isafe. be precluded, bccaufe ])roteiting they fay that the faid W.
Rogers, the coufia afoiefaid, on the loth day of Auguft,
la the 8ih year aforefaid, was not feiztd of and in the
* faidinefiuage vvith the iaid appurtenances, ^nd of and in the
«p j^ fa'd five acres of land, one acre of meadow, and five acres of
■'•^'^' p'afiiue, v.'ith the appurtenances afurelaid, in his demefne as of
fee, wr on the faid toih day of Aujjuft. in the Sth year afore-
faid, at Keeton iifbrti'aid, in the paiiih of E. aforeiaid, in the
county iitorcftiid, did he gia!;t and to farm let, to the faid R.
E. and iiii. affigns, ihe'faid tenements with the appujtenances
to hav<- f!r>rri the lime ot the laid demife, for the faid term of
90 jLais then next coming, if the faid C. the wife of the faicl
' •' ' .... ' Robert,
J
Indi^lments for forcible Entries, &:c.
Robcre, and one J. E. and T. E. the fons of the faid Robert
Ihould lb long happen to live, or if any of them ihoukl fo long
happen to live, as the laid R. and C. above by pleading have
alledged. But replying, they the faid VV. R. H. F. fay tl^at g^ ^^^^^^^1^
the faid K. E. was not poffeifed, nor was i» the quiet po/rclfion
of the faid one mcfibage, with the appurtenances aforclaid,
and of the faid five acres of land, one acre of meadow, and
live acres of pafture, with the appurtenances aforefaid, in the
indi<5tnient aforefaid above fpecified, for the fpace of tljree years
together nest before the faid day, in which the faid indictment
was found as aforefaid, in the mar.ner and foim as the faid R.
E. and C. above by pleading have alledged, and this the faid
W. R. and H. F. are ready to verify as the court, &c. Where-
fore they pray judgment, and that the faid writ of reftitution
may be adjudged ^gainfl them the faid R. E. and C. and each
of them, according to the ioim of the itacute in fuch cafe
made and provided. And the faid R. E. and C. as before iay, Rejoiader.
that he the laid R. was poflefTed, and was in quiet polfcffion of